COD Library - Copyright Law

Copyright Home Law Permissions Fair Use Public Domain C.O.D. Guidelines General Guidelines Teach Act Other Resources FAQ's News

The TEACH Act

The Technology, Education, and Copyright Harmonization Act (TEACH Act) passed Congress on October 3, 2002 as part of the 21st Century Department of Justice Appropriations Authorization Act and was signed into law November 2nd. This act revises section 110(2) of the Copyright Act of 1976 which placed severe restrictions on what copyrighted materials could be used in distance education, i. e. online courses. Laura N. Gasaway has created an excellent chart detailing the difference between the original and amended sections of 110(2).

The new law considerably broadens the types of materials which can be used, but has very strict requirements that must be met. More responsibility is placed at the institutional level including policy making, dissemination of copyright information, and providing technological restrictions. Responsibility for the choice and use of the material remains that of the instructor.

Duties of the institution:

The institution must be an accredited nonprofit educational institution. For-profit subsidiaries do not qualify.
The institution must institute policies regarding copyright
The institution must provide materials that "accurately describe and promote compliance with, the laws of the United States relating to copyright" to faculty, students, and staff.
The institution must provide "notice to students that materials used in connection with the course may be subject to copyright protection."
The institution must limit access to enrolled students.

Duties of the Information Technology official:

The IT official must ensure that transmission must be limited to enrolled students.
The IT official must place technological controls on storage and dissemination that prevent "retention of the work in accessible form ...for longer than the class session. and to prevent students from further disseminating the work.
The IT official must not allow technological measures that were on the original material to be bypassed.
The IT official must make certain that the material is not maintained "on the system or network" longer that the period needed to make the transmission.
The IT official may retain copies of the digital transmissions so long as no further copies may be made.

Duties of instructors:

Instructors are permitted to use nondramatic literary or musical works, reasonable and limited portions of dramatic works, displays of any work.
Instructors may not use works that are produced "as part of mediated instructional activities transmitted via digital networks" or copies that are not legally made.
Instructors must participate in the planning and teaching of the online course
Instructors must only use materials as an integral part of the classroom experience.
Instructors may not use textbooks or other materials typically bought by students.
Instructors may convert analog materials to digital, but only if a digital equivalent is not readily available.

I encourage you to read "New Copyright Law for Distance Education: The Meaning and Importance of the TEACH Act" by Kenneth Crews.

Added 7 November 2002

Copyright Home Law Permissions Fair Use Public Domain C.O.D. Guidelines General Guidelines Teach Act Other Resources FAQ's News

The information on this site is intended to inform the faculty, staff and
students at the College of DuPage about copyright and to provide guidelines
for using and creating copyrighted material. The information should not
be considered legal advice.

For more information contact The Library

Print · ·

Save to del.icio.us